Inter-se seniority for direct recruits/promotees appointed 27.11.2012-18.11.2019, not finalized by 18.11.2019, determined from recruitment process initiation date per 1986/2014 OMs, overriding later appointment-date rule.

JUDGMENT :

Sandeep Sharma, J.

Precisely, the question, which needs to be determined in the case at hand is “whether inter-se seniority between direct recruits and promotees shall be determined on the basis of the appointment or the date of initiation of recruitment process”.

2. Precisely, the facts of the case as emerge from the pleadings adduced on record by the respective parties are that in the year 2014, a requisition for filling up of 9 posts of Principal (ITI) was sent to Himachal Pradesh Public Service Commission (in short “Commission”), but subsequently, in the year 2015, afore requisition was revised by including 33 posts of Principal (ITI). Commission by clubbing all these posts advertised 42 posts of Principal (ITI). Recommendation of Commission for these posts was received in the year 2016 and after completion of codal formalities, appointments were offered to 39 incumbents on 3.6.2016 including the petitioners.

3. Simultaneously, proposal to fill up the vacant posts of Principal (ITI) by way of promotion from the feeder category i.e. Group Instructor (ITI) was sent to the Commission for holding the meeting of Departmental Promotion Committee and to recommend suitable officials for the post of Principal ITI as per provisions of the Recruitment & Promotion Rules of the post in question.

4. Respondent department vide order dated 15.10.2015 and 16.6.2016 promoted the private respondents. Though respondents No. 1 & 2 immediately ought to have issued combined seniority list in year 2016 itself, taking note of memorandum dated 16.5.2014 (Annexure P-9), whereby it came to be decided that inter-se seniority between direct recruits and promotees shall be maintained in terms of office memorandum dated 4.3.2014, whereby Government of India slightly revised the instructions regarding seniority of direct recruits and promotees in pursuance to judgment rendered by Hon’ble Apex Court on 27.11.2012 in CA No. 7514-7515 of 2005 in case N.R. Parmar v. Union of India and Ors. , wherein it came to be ruled that seniority will be determined between the direct recruits and promotees, to the extent of number of vacancies for direct recruits and promotees, as determined according to the quota for that year, the additional direct recruits and promotees selected against the carried forward vacancies of the previous years would be placed en-bloc below the last promotee/direct recruit, as the case may be, based on the rotation of vacancies for that year.

5. In nutshell, pursuant to office memorandum dated 4.3.2014, it came to be notified that rotation of quota based on available direct recruits and promotees appointed against the vacancies of a Recruitment Year, as provided in DoPT O.M. dated 7.2.1986/3.7.1986 would continue to operate for determination of inter-se seniority between the direct recruits and promotees; The available direct recruits and promotees, for assignment of inter se seniority, would refer to the direct recruits and promotees, who are appointed against the vacancies of a Recruitment Year; Recruitment Year would be the year of initiating the recruitment process against a vacancy year; Initiation of recruitment process against a vacancy year would be the date of sending of requisition for filling up of vacancies to the recruiting agency in the case of direct recruits; in the case of promotees the date on which a proposal, complete in all respects, is sent to UPSC/Chairman-DPC for convening of DPC to fill up the vacancies through promotion would be the relevant date; The Initiation of recruitment process for any of the modes viz. direct recruitment or pr